The Perfect Covenants

FLORIDA HOMEOWNER PROTECTION COVENANTS

(Model Declaration of Covenants, Conditions, and Restrictions – Legislative Template)

Proposed for Inclusion into Chapter 720, Florida Statutes

PREAMBLE

This Model Declaration of Covenants, Conditions, and Restrictions (“Declaration”) is established to promote fair, transparent, and accountable governance of homeowner associations in the State of Florida.
It shall serve as the minimum standard of rights, responsibilities, and procedures required of all homeowners’ associations (HOAs) created after the date of adoption, and may be voluntarily adopted by existing associations.
Plain English: This is the baseline rulebook that every new HOA in Florida must follow, and any existing HOA can adopt to protect homeowners.

ARTICLE I – DEFINITIONS

· Association: The Florida nonprofit corporation formed to manage a residential community subject to this Declaration.

· Developer: Any person or entity who initially creates or sells lots subject to this Declaration.

· Member: The record owner of a lot within the community.

· Board: The elected board of directors of the Association.

· DBPR: The Florida Department of Business and Professional Regulation.

ARTICLE II – DEVELOPER CONTROL AND TURNOVER

· Developer control ends upon sale of 90% of lots or 3 years from first conveyance.

· Turnover meeting must occur within 60 days with independent election monitor.

· Developer remains legally responsible for violations or defects during control.

ARTICLE III – BOARD OF DIRECTORS

· Five directors, all homeowners in good standing.

· One-year terms, no consecutive service, five-year break required before re-election.

· Personal liability for fraud or misconduct; removal by majority vote or petition (20%).

ARTICLE IV – MEETINGS

· Board meets quarterly with 14-day notice; all meetings open and recorded.

· Annual member meeting required for elections and budget approval.

· Additional mid-year and optional community meetings allowed.

ARTICLE V – VOTING AND ELECTIONS

· Secret ballots with independent monitor; no proxy voting except verified absentee.

· Recall allowed with 20% petition; 2/3 vote for major changes (budget, amendments, dissolution).

ARTICLE VI – MANAGEMENT COMPANIES

· Contracts limited to one year; renewal requires majority homeowner approval.

· Full fee and affiliation disclosure required; fiduciary duty applies equally.

ARTICLE VII – FINANCIAL TRANSPARENCY

· Annual CPA audit required; publish within 90 days of year-end.

· Two signatures required for expenditures over $500.

· All records open to homeowners within 5 business days.

ARTICLE VIII – PROPERTY AND AESTHETICS

· Yard care: either homeowner-maintained or HOA-managed, chosen by vote.

· Exterior home colors: either any color except restricted list, or from approved palette; deemed approved after 30 days if no response.

ARTICLE IX – ENFORCEMENT AND DUE PROCESS

· No fines or liens without written notice and impartial hearing.

· Retaliation or selective enforcement prohibited; grounds for board removal.

· DBPR may fine up to $10,000 per violation.

ARTICLE X – DISSOLUTION

· HOA may dissolve with 2/3 homeowner vote; assets distributed equitably.

· Former directors and developers barred from reconstituting HOA for 5 years.

ARTICLE XI – STATE ENFORCEMENT

· DBPR has oversight for compliance and dispute resolution.

· Penalties include fines, removal, and ineligibility for future board service.

ARTICLE XII – AMENDMENT

· Requires 2/3 member vote and filing with county clerk.

· Any covenant conflicting with this Declaration or Florida law is void.

ARTICLE XIII – HOMEOWNER BILL OF RIGHTS

· 1. Transparent meetings and records

· 2. Fair elections

· 3. Financial accountability

· 4. Due process before penalties

· 5. Protection from retaliation

· 6. Equal treatment

· 7. Freedom from indefinite developer control

8. Access to state-level enforceme